Patna High Court

Raj Kumar BanerjeeversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner, finding that the victim's voluntary elopement negated the element of abduction.

Summary

The petitioner, Raj Kumar Banerjee, was arrested in connection with a case registered under Section 87 of the BNS for alleged abduction of a girl. The prosecution alleged that he abducted the victim, while the victim's statement indicated that she had voluntarily eloped with the petitioner. The petitioner had been in custody since 18 August 2025 and applied for bail. The court examined the victim's statement and concluded that the alleged abduction was not involuntary. Accordingly, the bail application was allowed, subject to a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner accused of abduction under Section 87 of the BNS in view of the victim's statement of voluntary elopement

Legislation cited

BNS — s. 87

Subjects

bail
abduction
elopement
Section 87
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87963 of 2025
                    Arising Out of PS. Case No.-416 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Raj Kumar Banerjee S/o- Nilkamal Banerjee Resident of Village- Joytara,
                 P.S- Pindrajor Bokaro, District- Jharkhand

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Kishor Saw S/o- Kashi Nath Saw R/v- New Karman Tola Ps- Nawada Dist-
                 Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh
                 For the Opposite Party/s :      Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-03-2026                    Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioner seeks bail in connection with Ara

                   Nawada P.S. Case No. 416 of 2025 registered for the offence

                   under Section 87 of the BNS.

                                   3. As per the prosecution case, the petitioner is

                   said to have abducted the victim.

                                   4. The petitioner is in custody since 18.08.2025.

                                   5. From the statement of the victim girl, it appears

                   that the victim has eloped with the petitioner on her own.

                                   6. Considering the aforesaid facts, this application

                   is allowed.
          Patna High Court CR. MISC. No.87963 of 2025(4) dt.19-03-2026
                                                      2/2




                                      7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below, where the case is pending in

                    connection with Ara Nawada P.S. Case No. 416 of 2025.



                                                                 (Sandeep Kumar, J)
Vikas/-

U

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